Author: rdonkin
Date: Wed Oct 3 14:18:39 2007
New Revision: 581726
URL: http://svn.apache.org/viewvc?rev=581726&view=rev
Log:
Best practice to indicate to the user the licenses for every artifact included.
Best to included full license text.
Modified:
james/jsieve/trunk/LICENSE.txt
Modified: james/jsieve/trunk/LICENSE.txt
URL:
http://svn.apache.org/viewvc/james/jsieve/trunk/LICENSE.txt?rev=581726&r1=581725&r2=581726&view=diff
==============================================================================
--- james/jsieve/trunk/LICENSE.txt (original)
+++ james/jsieve/trunk/LICENSE.txt Wed Oct 3 14:18:39 2007
@@ -181,12 +181,663 @@
THIS PRODUCT ALSO INCLUDES THIRD PARTY SOFTWARE REDISTRIBUTED UNDER THE
FOLLOWING LICENSES:
- JavaBeans Activation Framework, CDDL License (activation-1.1.jar)
+ JavaBeans Activation Framework,
+ COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (activation-1.1.jar)
http://glassfish.dev.java.net/public/CDDLv1.0.html
- JavaMail, CDDL License (mail-1.4.jar)
+ JavaMail, COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (mail-1.4.jar)
http://glassfish.dev.java.net/public/CDDLv1.0.html
+ COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
+
+ 1. Definitions.
+
+ 1.1. "Contributor" means each individual or entity that
+ creates or contributes to the creation of Modifications.
+
+ 1.2. "Contributor Version" means the combination of the
+ Original Software, prior Modifications used by a
+ Contributor (if any), and the Modifications made by that
+ particular Contributor.
+
+ 1.3. "Covered Software" means (a) the Original Software, or
+ (b) Modifications, or (c) the combination of files
+ containing Original Software with files containing
+ Modifications, in each case including portions thereof.
+
+ 1.4. "Executable" means the Covered Software in any form
+ other than Source Code.
+
+ 1.5. "Initial Developer" means the individual or entity
+ that first makes Original Software available under this
+ License.
+
+ 1.6. "Larger Work" means a work which combines Covered
+ Software or portions thereof with code not governed by the
+ terms of this License.
+
+ 1.7. "License" means this document.
+
+ 1.8. "Licensable" means having the right to grant, to the
+ maximum extent possible, whether at the time of the initial
+ grant or subsequently acquired, any and all of the rights
+ conveyed herein.
+
+ 1.9. "Modifications" means the Source Code and Executable
+ form of any of the following:
+
+ A. Any file that results from an addition to,
+ deletion from or modification of the contents of a
+ file containing Original Software or previous
+ Modifications;
+
+ B. Any new file that contains any part of the
+ Original Software or previous Modification; or
+
+ C. Any new file that is contributed or otherwise made
+ available under the terms of this License.
+
+ 1.10. "Original Software" means the Source Code and
+ Executable form of computer software code that is
+ originally released under this License.
+
+ 1.11. "Patent Claims" means any patent claim(s), now owned
+ or hereafter acquired, including without limitation,
+ method, process, and apparatus claims, in any patent
+ Licensable by grantor.
+
+ 1.12. "Source Code" means (a) the common form of computer
+ software code in which modifications are made and (b)
+ associated documentation included in or with such code.
+
+ 1.13. "You" (or "Your") means an individual or a legal
+ entity exercising rights under, and complying with all of
+ the terms of, this License. For legal entities, "You"
+ includes any entity which controls, is controlled by, or is
+ under common control with You. For purposes of this
+ definition, "control" means (a) the power, direct or
+ indirect, to cause the direction or management of such
+ entity, whether by contract or otherwise, or (b) ownership
+ of more than fifty percent (50%) of the outstanding shares
+ or beneficial ownership of such entity.
+
+ 2. License Grants.
+
+ 2.1. The Initial Developer Grant.
+
+ Conditioned upon Your compliance with Section 3.1 below and
+ subject to third party intellectual property claims, the
+ Initial Developer hereby grants You a world-wide,
+ royalty-free, non-exclusive license:
+
+ (a) under intellectual property rights (other than
+ patent or trademark) Licensable by Initial Developer,
+ to use, reproduce, modify, display, perform,
+ sublicense and distribute the Original Software (or
+ portions thereof), with or without Modifications,
+ and/or as part of a Larger Work; and
+
+ (b) under Patent Claims infringed by the making,
+ using or selling of Original Software, to make, have
+ made, use, practice, sell, and offer for sale, and/or
+ otherwise dispose of the Original Software (or
+ portions thereof).
+
+ (c) The licenses granted in Sections 2.1(a) and (b)
+ are effective on the date Initial Developer first
+ distributes or otherwise makes the Original Software
+ available to a third party under the terms of this
+ License.
+
+ (d) Notwithstanding Section 2.1(b) above, no patent
+ license is granted: (1) for code that You delete from
+ the Original Software, or (2) for infringements
+ caused by: (i) the modification of the Original
+ Software, or (ii) the combination of the Original
+ Software with other software or devices.
+
+ 2.2. Contributor Grant.
+
+ Conditioned upon Your compliance with Section 3.1 below and
+ subject to third party intellectual property claims, each
+ Contributor hereby grants You a world-wide, royalty-free,
+ non-exclusive license:
+
+ (a) under intellectual property rights (other than
+ patent or trademark) Licensable by Contributor to
+ use, reproduce, modify, display, perform, sublicense
+ and distribute the Modifications created by such
+ Contributor (or portions thereof), either on an
+ unmodified basis, with other Modifications, as
+ Covered Software and/or as part of a Larger Work; and
+
+ (b) under Patent Claims infringed by the making,
+ using, or selling of Modifications made by that
+ Contributor either alone and/or in combination with
+ its Contributor Version (or portions of such
+ combination), to make, use, sell, offer for sale,
+ have made, and/or otherwise dispose of: (1)
+ Modifications made by that Contributor (or portions
+ thereof); and (2) the combination of Modifications
+ made by that Contributor with its Contributor Version
+ (or portions of such combination).
+
+ (c) The licenses granted in Sections 2.2(a) and
+ 2.2(b) are effective on the date Contributor first
+ distributes or otherwise makes the Modifications
+ available to a third party.
+
+ (d) Notwithstanding Section 2.2(b) above, no patent
+ license is granted: (1) for any code that Contributor
+ has deleted from the Contributor Version; (2) for
+ infringements caused by: (i) third party
+ modifications of Contributor Version, or (ii) the
+ combination of Modifications made by that Contributor
+ with other software (except as part of the
+ Contributor Version) or other devices; or (3) under
+ Patent Claims infringed by Covered Software in the
+ absence of Modifications made by that Contributor.
+
+ 3. Distribution Obligations.
+
+ 3.1. Availability of Source Code.
+
+ Any Covered Software that You distribute or otherwise make
+ available in Executable form must also be made available in
+ Source Code form and that Source Code form must be
+ distributed only under the terms of this License. You must
+ include a copy of this License with every copy of the
+ Source Code form of the Covered Software You distribute or
+ otherwise make available. You must inform recipients of any
+ such Covered Software in Executable form as to how they can
+ obtain such Covered Software in Source Code form in a
+ reasonable manner on or through a medium customarily used
+ for software exchange.
+
+ 3.2. Modifications.
+
+ The Modifications that You create or to which You
+ contribute are governed by the terms of this License. You
+ represent that You believe Your Modifications are Your
+ original creation(s) and/or You have sufficient rights to
+ grant the rights conveyed by this License.
+
+ 3.3. Required Notices.
+
+ You must include a notice in each of Your Modifications
+ that identifies You as the Contributor of the Modification.
+ You may not remove or alter any copyright, patent or
+ trademark notices contained within the Covered Software, or
+ any notices of licensing or any descriptive text giving
+ attribution to any Contributor or the Initial Developer.
+
+ 3.4. Application of Additional Terms.
+
+ You may not offer or impose any terms on any Covered
+ Software in Source Code form that alters or restricts the
+ applicable version of this License or the recipients'
+ rights hereunder. You may choose to offer, and to charge a
+ fee for, warranty, support, indemnity or liability
+ obligations to one or more recipients of Covered Software.
+ However, you may do so only on Your own behalf, and not on
+ behalf of the Initial Developer or any Contributor. You
+ must make it absolutely clear that any such warranty,
+ support, indemnity or liability obligation is offered by
+ You alone, and You hereby agree to indemnify the Initial
+ Developer and every Contributor for any liability incurred
+ by the Initial Developer or such Contributor as a result of
+ warranty, support, indemnity or liability terms You offer.
+
+ 3.5. Distribution of Executable Versions.
+
+ You may distribute the Executable form of the Covered
+ Software under the terms of this License or under the terms
+ of a license of Your choice, which may contain terms
+ different from this License, provided that You are in
+ compliance with the terms of this License and that the
+ license for the Executable form does not attempt to limit
+ or alter the recipient's rights in the Source Code form
+ from the rights set forth in this License. If You
+ distribute the Covered Software in Executable form under a
+ different license, You must make it absolutely clear that
+ any terms which differ from this License are offered by You
+ alone, not by the Initial Developer or Contributor. You
+ hereby agree to indemnify the Initial Developer and every
+ Contributor for any liability incurred by the Initial
+ Developer or such Contributor as a result of any such terms
+ You offer.
+
+ 3.6. Larger Works.
+
+ You may create a Larger Work by combining Covered Software
+ with other code not governed by the terms of this License
+ and distribute the Larger Work as a single product. In such
+ a case, You must make sure the requirements of this License
+ are fulfilled for the Covered Software.
+
+ 4. Versions of the License.
+
+ 4.1. New Versions.
+
+ Sun Microsystems, Inc. is the initial license steward and
+ may publish revised and/or new versions of this License
+ from time to time. Each version will be given a
+ distinguishing version number. Except as provided in
+ Section 4.3, no one other than the license steward has the
+ right to modify this License.
+
+ 4.2. Effect of New Versions.
+
+ You may always continue to use, distribute or otherwise
+ make the Covered Software available under the terms of the
+ version of the License under which You originally received
+ the Covered Software. If the Initial Developer includes a
+ notice in the Original Software prohibiting it from being
+ distributed or otherwise made available under any
+ subsequent version of the License, You must distribute and
+ make the Covered Software available under the terms of the
+ version of the License under which You originally received
+ the Covered Software. Otherwise, You may also choose to
+ use, distribute or otherwise make the Covered Software
+ available under the terms of any subsequent version of the
+ License published by the license steward.
+
+ 4.3. Modified Versions.
+
+ When You are an Initial Developer and You want to create a
+ new license for Your Original Software, You may create and
+ use a modified version of this License if You: (a) rename
+ the license and remove any references to the name of the
+ license steward (except to note that the license differs
+ from this License); and (b) otherwise make it clear that
+ the license contains terms which differ from this License.
+
+ 5. DISCLAIMER OF WARRANTY.
+
+ COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
+ BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED,
+ INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
+ SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
+ PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
+ PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
+ COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
+ INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
+ ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF
+ WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE
OF
+ ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
+ DISCLAIMER.
+
+ 6. TERMINATION.
+
+ 6.1. This License and the rights granted hereunder will
+ terminate automatically if You fail to comply with terms
+ herein and fail to cure such breach within 30 days of
+ becoming aware of the breach. Provisions which, by their
+ nature, must remain in effect beyond the termination of
+ this License shall survive.
+
+ 6.2. If You assert a patent infringement claim (excluding
+ declaratory judgment actions) against Initial Developer or
+ a Contributor (the Initial Developer or Contributor against
+ whom You assert such claim is referred to as "Participant")
+ alleging that the Participant Software (meaning the
+ Contributor Version where the Participant is a Contributor
+ or the Original Software where the Participant is the
+ Initial Developer) directly or indirectly infringes any
+ patent, then any and all rights granted directly or
+ indirectly to You by such Participant, the Initial
+ Developer (if the Initial Developer is not the Participant)
+ and all Contributors under Sections 2.1 and/or 2.2 of this
+ License shall, upon 60 days notice from Participant
+ terminate prospectively and automatically at the expiration
+ of such 60 day notice period, unless if within such 60 day
+ period You withdraw Your claim with respect to the
+ Participant Software against such Participant either
+ unilaterally or pursuant to a written agreement with
+ Participant.
+
+ 6.3. In the event of termination under Sections 6.1 or 6.2
+ above, all end user licenses that have been validly granted
+ by You or any distributor hereunder prior to termination
+ (excluding licenses granted to You by any distributor)
+ shall survive termination.
+
+ 7. LIMITATION OF LIABILITY.
+
+ UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
+ (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
+ INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
+ COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
+ LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
+ CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
+ LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
+ STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
+ COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
+ INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
+ LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
+ INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
+ APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
+ NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
+ CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
+ APPLY TO YOU.
+
+ 8. U.S. GOVERNMENT END USERS.
+
+ The Covered Software is a "commercial item," as that term is
+ defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial
+ computer software" (as that term is defined at 48 C.F.R.
+ 252.227-7014(a)(1)) and "commercial computer software
+ documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
+ 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
+ through 227.7202-4 (June 1995), all U.S. Government End Users
+ acquire Covered Software with only those rights set forth
herein.
+ This U.S. Government Rights clause is in lieu of, and
supersedes,
+ any other FAR, DFAR, or other clause or provision that addresses
+ Government rights in computer software under this License.
+
+ 9. MISCELLANEOUS.
+
+ This License represents the complete agreement concerning
subject
+ matter hereof. If any provision of this License is held to be
+ unenforceable, such provision shall be reformed only to the
+ extent necessary to make it enforceable. This License shall be
+ governed by the law of the jurisdiction specified in a notice
+ contained within the Original Software (except to the extent
+ applicable law, if any, provides otherwise), excluding such
+ jurisdiction's conflict-of-law provisions. Any litigation
+ relating to this License shall be subject to the jurisdiction of
+ the courts located in the jurisdiction and venue specified in a
+ notice contained within the Original Software, with the losing
+ party responsible for costs, including, without limitation,
court
+ costs and reasonable attorneys' fees and expenses. The
+ application of the United Nations Convention on Contracts for
the
+ International Sale of Goods is expressly excluded. Any law or
+ regulation which provides that the language of a contract shall
+ be construed against the drafter shall not apply to this
License.
+ You agree that You alone are responsible for compliance with the
+ United States export administration regulations (and the export
+ control laws and regulation of any other countries) when You
use,
+ distribute or otherwise make available any Covered Software.
+
+ 10. RESPONSIBILITY FOR CLAIMS.
+
+ As between Initial Developer and the Contributors, each party is
+ responsible for claims and damages arising, directly or
+ indirectly, out of its utilization of rights under this License
+ and You agree to work with Initial Developer and Contributors to
+ distribute such responsibility on an equitable basis. Nothing
+ herein is intended or shall be deemed to constitute any
admission
+ of liability.
+
+
JUnit, Common Public License Version 1.0 (junit-3.8.1.jar)
http://junit.org
-
\ No newline at end of file
+
+ THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS
COMMON PUBLIC
+ LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
THE PROGRAM
+ CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
+
+ 1. DEFINITIONS
+
+ "Contribution" means:
+
+ a) in the case of the initial Contributor, the initial code and
+ documentation distributed under this Agreement, and
+
+ b) in the case of each subsequent Contributor:
+
+ i) changes to the Program, and
+
+ ii) additions to the Program;
+
+ where such changes and/or additions to the Program originate
from and are
+ distributed by that particular Contributor. A Contribution
'originates' from a
+ Contributor if it was added to the Program by such Contributor
itself or anyone
+ acting on such Contributor's behalf. Contributions do not
include additions to
+ the Program which: (i) are separate modules of software
distributed in
+ conjunction with the Program under their own license agreement,
and (ii) are not
+ derivative works of the Program.
+
+ "Contributor" means any person or entity that distributes the
Program.
+
+ "Licensed Patents " mean patent claims licensable by a
Contributor which are
+ necessarily infringed by the use or sale of its Contribution
alone or when
+ combined with the Program.
+
+ "Program" means the Contributions distributed in accordance
with this Agreement.
+
+ "Recipient" means anyone who receives the Program under this
Agreement,
+ including all Contributors.
+
+ 2. GRANT OF RIGHTS
+
+ a) Subject to the terms of this Agreement, each Contributor
hereby grants
+ Recipient a non-exclusive, worldwide, royalty-free copyright
license to
+ reproduce, prepare derivative works of, publicly display,
publicly perform,
+ distribute and sublicense the Contribution of such Contributor,
if any, and such
+ derivative works, in source code and object code form.
+
+ b) Subject to the terms of this Agreement, each Contributor
hereby grants
+ Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed
+ Patents to make, use, sell, offer to sell, import and otherwise
transfer the
+ Contribution of such Contributor, if any, in source code and
object code form.
+ This patent license shall apply to the combination of the
Contribution and the
+ Program if, at the time the Contribution is added by the
Contributor, such
+ addition of the Contribution causes such combination to be
covered by the
+ Licensed Patents. The patent license shall not apply to any
other combinations
+ which include the Contribution. No hardware per se is licensed
hereunder.
+
+ c) Recipient understands that although each Contributor grants
the licenses
+ to its Contributions set forth herein, no assurances are
provided by any
+ Contributor that the Program does not infringe the patent or
other intellectual
+ property rights of any other entity. Each Contributor disclaims
any liability to
+ Recipient for claims brought by any other entity based on
infringement of
+ intellectual property rights or otherwise. As a condition to
exercising the
+ rights and licenses granted hereunder, each Recipient hereby
assumes sole
+ responsibility to secure any other intellectual property rights
needed, if any.
+ For example, if a third party patent license is required to
allow Recipient to
+ distribute the Program, it is Recipient's responsibility to
acquire that license
+ before distributing the Program.
+
+ d) Each Contributor represents that to its knowledge it has
sufficient
+ copyright rights in its Contribution, if any, to grant the
copyright license set
+ forth in this Agreement.
+
+ 3. REQUIREMENTS
+
+ A Contributor may choose to distribute the Program in object
code form under its
+ own license agreement, provided that:
+
+ a) it complies with the terms and conditions of this Agreement;
and
+
+ b) its license agreement:
+
+ i) effectively disclaims on behalf of all Contributors all
warranties and
+ conditions, express and implied, including warranties or
conditions of title and
+ non-infringement, and implied warranties or conditions of
merchantability and
+ fitness for a particular purpose;
+
+ ii) effectively excludes on behalf of all Contributors all
liability for
+ damages, including direct, indirect, special, incidental and
consequential
+ damages, such as lost profits;
+
+ iii) states that any provisions which differ from this
Agreement are offered
+ by that Contributor alone and not by any other party; and
+
+ iv) states that source code for the Program is available from
such
+ Contributor, and informs licensees how to obtain it in a
reasonable manner on or
+ through a medium customarily used for software exchange.
+
+ When the Program is made available in source code form:
+
+ a) it must be made available under this Agreement; and
+
+ b) a copy of this Agreement must be included with each copy of
the Program.
+
+ Contributors may not remove or alter any copyright notices
contained within the
+ Program.
+
+ Each Contributor must identify itself as the originator of its
Contribution, if
+ any, in a manner that reasonably allows subsequent Recipients
to identify the
+ originator of the Contribution.
+
+ 4. COMMERCIAL DISTRIBUTION
+
+ Commercial distributors of software may accept certain
responsibilities with
+ respect to end users, business partners and the like. While
this license is
+ intended to facilitate the commercial use of the Program, the
Contributor who
+ includes the Program in a commercial product offering should do
so in a manner
+ which does not create potential liability for other
Contributors. Therefore, if
+ a Contributor includes the Program in a commercial product
offering, such
+ Contributor ("Commercial Contributor") hereby agrees to defend
and indemnify
+ every other Contributor ("Indemnified Contributor") against any
losses, damages
+ and costs (collectively "Losses") arising from claims, lawsuits
and other legal
+ actions brought by a third party against the Indemnified
Contributor to the
+ extent caused by the acts or omissions of such Commercial
Contributor in
+ connection with its distribution of the Program in a commercial
product
+ offering. The obligations in this section do not apply to any
claims or Losses
+ relating to any actual or alleged intellectual property
infringement. In order
+ to qualify, an Indemnified Contributor must: a) promptly notify
the Commercial
+ Contributor in writing of such claim, and b) allow the
Commercial Contributor to
+ control, and cooperate with the Commercial Contributor in, the
defense and any
+ related settlement negotiations. The Indemnified Contributor
may participate in
+ any such claim at its own expense.
+
+ For example, a Contributor might include the Program in a
commercial product
+ offering, Product X. That Contributor is then a Commercial
Contributor. If that
+ Commercial Contributor then makes performance claims, or offers
warranties
+ related to Product X, those performance claims and warranties
are such
+ Commercial Contributor's responsibility alone. Under this
section, the
+ Commercial Contributor would have to defend claims against the
other
+ Contributors related to those performance claims and
warranties, and if a court
+ requires any other Contributor to pay any damages as a result,
the Commercial
+ Contributor must pay those damages.
+
+ 5. NO WARRANTY
+
+ EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN
+ "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR
+ IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
CONDITIONS OF TITLE,
+ NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Each
+ Recipient is solely responsible for determining the
appropriateness of using and
+ distributing the Program and assumes all risks associated with
its exercise of
+ rights under this Agreement, including but not limited to the
risks and costs of
+ program errors, compliance with applicable laws, damage to or
loss of data,
+ programs or equipment, and unavailability or interruption of
operations.
+
+ 6. DISCLAIMER OF LIABILITY
+
+ EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER
RECIPIENT NOR ANY
+ CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL,
+ SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION LOST
+ PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT,
+ STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY
+ OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE
OF ANY RIGHTS
+ GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
+
+ 7. GENERAL
+
+ If any provision of this Agreement is invalid or unenforceable
under applicable
+ law, it shall not affect the validity or enforceability of the
remainder of the
+ terms of this Agreement, and without further action by the
parties hereto, such
+ provision shall be reformed to the minimum extent necessary to
make such
+ provision valid and enforceable.
+
+ If Recipient institutes patent litigation against a Contributor
with respect to
+ a patent applicable to software (including a cross-claim or
counterclaim in a
+ lawsuit), then any patent licenses granted by that Contributor
to such Recipient
+ under this Agreement shall terminate as of the date such
litigation is filed. In
+ addition, if Recipient institutes patent litigation against any
entity
+ (including a cross-claim or counterclaim in a lawsuit) alleging
that the Program
+ itself (excluding combinations of the Program with other
software or hardware)
+ infringes such Recipient's patent(s), then such Recipient's
rights granted under
+ Section 2(b) shall terminate as of the date such litigation is
filed.
+
+ All Recipient's rights under this Agreement shall terminate if
it fails to
+ comply with any of the material terms or conditions of this
Agreement and does
+ not cure such failure in a reasonable period of time after
becoming aware of
+ such noncompliance. If all Recipient's rights under this
Agreement terminate,
+ Recipient agrees to cease use and distribution of the Program
as soon as
+ reasonably practicable. However, Recipient's obligations under
this Agreement
+ and any licenses granted by Recipient relating to the Program
shall continue and
+ survive.
+
+ Everyone is permitted to copy and distribute copies of this
Agreement, but in
+ order to avoid inconsistency the Agreement is copyrighted and
may only be
+ modified in the following manner. The Agreement Steward
reserves the right to
+ publish new versions (including revisions) of this Agreement
from time to time.
+ No one other than the Agreement Steward has the right to modify
this Agreement.
+ IBM is the initial Agreement Steward. IBM may assign the
responsibility to serve
+ as the Agreement Steward to a suitable separate entity. Each
new version of the
+ Agreement will be given a distinguishing version number. The
Program (including
+ Contributions) may always be distributed subject to the version
of the Agreement
+ under which it was received. In addition, after a new version
of the Agreement
+ is published, Contributor may elect to distribute the Program
(including its
+ Contributions) under the new version. Except as expressly
stated in Sections
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